Category Archives: Uncategorized

Sexual Assault

January 12, 2023: The Committee has updated the sexual assault instructions and reporter’s note in light of the legislature’s recent revision and reformulation of the sexual assault statutes, see 2021, No. 68 (eff. July 1, 2021), and the Supreme Court’s … Continue reading

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Criminal Threatening and Hindering an Officer

March 8, 2022: The Committee has revised the reporter’s note for Criminal Threatening and added a new reporter’s note for Hindering an Officer in light of State v. Blanchard, 2021 VT 13.

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Burden of Proof

February 9, 2022: The Committee has revised several reporter’s notes on the “Burden of Proof” page to incorporate references to State v. Redmond, 2020 VT 36, 212 Vt. 242 and  State v. Blanchard, 2021 VT 13, ¶ 34.

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Pro Se Defendants

February 9, 2022: The Committee has added a new instruction and reporter’s note for pro se defendants.

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Hung Juries

March 5, 2021: The Committee has revamped and expanded the reporter’s note for the hung jury (“Allen” ) charge. The expanded note incorporates discussion from State v. Rolls, 2020 VT 18, ¶¶ 13–20.

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Transitions to Lesser-Included Offenses

March 5, 2021: The Committee has revised the reporter’s note accompanying the transition instructions, which appear on multiple pages on this website, to add a reference to State v. Rolls, 2020 VT 18, ¶ 9 (trial court did not err … Continue reading

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Investigation of Jury Taint

March 4, 2021: The Committee has added a reference to State v. Kandzior, 2020 VT 37, ¶ 27 (“the failure to investigate possible jury taint and establish an evidentiary basis for determining if the jury was fair and unbiased amounts … Continue reading

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Criminal Threatening

January 11, 2021: The Committee has added a new model instruction and reporter’s note for the crime of criminal threatening, 13 V.S.A. § 1702, available here.

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Evidence of Flight

January 8, 2021: The Committee has revised the instruction and reporter’s note for evidence of flight, CR05-501.

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Sexual Exploitation of a Minor

January 8, 2021: The Committee has created new instructions and a reporter’s note for the crime of sexual exploitation of a minor, 13 V.S.A. § 3258. The new instructions include both misdemeanor and felony versions.

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